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COURTIN v. SHARP

No. 18223.

280 F.2d 345 (1960)

James E. COURTIN, Appellant, v. Llewellyn SHARP, IV, Appellee.

United States Court of Appeals Fifth Circuit.

July 27, 1960.

Attorney(s) appearing for the Case

James E. Courtin, New Orleans, La., for appellant.

David C. Treen, New Orleans, La., for appellee.

Before RIVES, Chief Judge, and CAMERON and BROWN, Circuit Judges.

RIVES, Chief Judge.

This action was for $6,000, the purchase price of a yearling colt ("by Devil Diver out of Bill's Marge") allegedly sold by Sharp to Courtin. Before actual delivery and while the colt was still in Sharp's paddock it was accidentally killed.1 No issue of negligence in the care of the colt was made, but Courtin's sole defense was that, at the time of the colt's death, title to the colt had not passed to him with the consequent...

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